AR20140000045

IN THE CASE OF:

BOARD DATE: 9 September 2014

DOCKET NUMBER: AR20140000045

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his DDForm214 (Armed Forces of the United States Report of Transfer or Discharge) to show a second award of the PurpleHeart. He also requests correction of his 1968 PurpleHeart orders to show PurpleHeart with 1stOak Leaf Cluster.

2. The applicant states:

* he was awarded the PurpleHeart in 1967 for being wounded in action on 9October 1967
* he was also awarded the PurpleHeart in 1968 and he wants these orders amended to show the PurpleHeart with 1stOak Leaf Cluster

3. The applicant provides:

* General Orders Number 114, issued by the 2nd Surgical Hospital (Mobile Army) on 10 October 1967
* General Orders Number 3523, issued by Headquarters, AMERICAL Division on 29 June 1968
* his DDForm214, for the period ending 1 July 1968

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant enlisted in the Regular Army on 16August 1965 for a period of 3years. He arrived in the Republic of Vietnam on 3July 1967. He served as a light weapons infantryman assigned to CompanyA, 4thBattalion, 31stInfantry Regiment, from 9July 1967 to 28June 1968. Records show he participated in two campaigns during his assignment in Vietnam.

3. General Orders Number114, issued by the 2ndSurgical Hospital (Mobile Army) on 10October 1967, show he was awarded the PurpleHeart for wounds received in action in the Republic of Vietnam on 9October 1967.

4. General Orders Number3428, issued by Headquarters, AMERICAL Division on 26June 1968, show he was awarded the Army Commendation Medal.

5. General Orders Number3523, issued by Headquarters, AMERICAL Division on 29June 1968, show he was awarded the PurpleHeart for wounds received in action in the Republic of Vietnam on 1May 1968.

6. On 1July 1968, he was honorably released from active duty in the rank/grade of sergeant/E-5, at the conclusion of 2years, 10months, and 16days of creditable active service, with no lost time. His DDForm214 shows he was awarded or authorized the:

* PurpleHeart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device(1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

7. There is no evidence that the applicant received the first award of the Army Good Conduct Medal. There is no evidence of any disciplinary action or a commander’s disqualification that would have precluded him from being awarded the Army Good Conduct Medal. His DAForm20 (Enlisted Qualification Record) shows he received all “excellent” conduct and efficiency ratings throughout his service.

8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3years of continuous enlisted active Federal military service completed on or after 27August 1940; for the first award only, 1year served entirely during the period 7December 1941 to 2March 1946; and, for the first award only, upon termination of service on or after 27June 1950 of less than 3years, but more than 1year. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial.

9. Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the PurpleHeart.

10. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

11. Department of the Army General Orders8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S.Military Assistance Command, and its subordinate units during the period 8February 1962 to 28March 1973 and to Headquarters, U.S.Army Vietnam, and its subordinate units during the period 20July 1965 to 28March 1973.

DISCUSSION AND CONCLUSIONS:

1. Orders show the applicant was awarded two PurpleHearts, one award in 1967 and one award in 1968. His DD Form 214 shows a single award of the Purple Heart; therefore, his DDForm214 should be corrected to show two awards of the PurpleHeart. Additionally, General Orders Number3523, issued by Headquarters, AMERICAL Division on 29June 1968, should be amended to show he was awarded the PurpleHeart with 1stOak Leaf Cluster.

2. General orders awarded him the Army Commendation Medal, which is not shown on his DD Form 214; therefore, his DDForm214 should be corrected to show it.

3. He served honorably during the period 16August 1965 through 1July 1968. He was honorably released from active duty in the rank of sergeant with 34months of total active service and no lost time. He received all “excellent” conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander’s disqualification. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal, for the period 16August 1965 through 1July 1968, based on his completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he should be awarded the Army Good Conduct Medal (1stAward) and his DDForm214 should be corrected to show this award.

4. His DD Form 214 shows he was awarded the Vietnam Service Medal; however, it does not show he was awarded any bronze service stars, which are affixed to the Vietnam Service Medal to denote the number of campaigns he was credited with participating in. His record shows he participated in two campaigns during his service in the Republic of Vietnam; therefore, it would be appropriate to correct his DDForm214 to show he was awarded the Vietnam Service Medal with two bronze service stars.

5. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DDForm214 to show this unit award.

BOARD VOTE:

____X____ ____X____ ___X_____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding him the Army Good Conduct Medal (1stAward) for the period 16August 1965 through 1July 1968;

b. amending General Orders Number3523, issued by Headquarters, AMERICAL Division on 29June 1968, to show he was awarded the PurpleHeart with 1stOak Leaf Cluster, for wounds received in action in the Republic of Vietnam on 1May 1968;
c. amending his DD Form 214 by deleting his previous awards of the PurpleHeart and Vietnam Service Medal; and

d. amending his DD Form 214 by adding the following awards:

* PurpleHeart (2ndAward)
* Army Commendation Medal
* Army Good Conduct Medal (1stAward)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

_____________X____________
CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont) AR20140000045

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ABCMR Record of Proceedings (cont) AR20140000045

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